Dreiske v. Joseph N. Eisendrath Co.
Illinois Supreme Court
Appear from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. The appellants filed their bill in the superior court of Cook county against appellee for the specific performance of a contract.
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Appear from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. The appellants filed their bill in the superior court of Cook county against appellee for the specific performance of a contract. The bill alleges that on the 7th day of June, 1897, one William Dreiske died, arid in his last will and testament appellants were named as trustees, and were given full power to sell and convey all real estate of which he died seized, at such time or times, at such price and upon such terms as they might see fit, a copy of said will being annexed to the bill; that at the time of…
1Opinion of the CourtJustice Wiekin
The specific performance of a contract will only be enforced where the terms are clear, certain, unambiguous, and either admitted by the pleadings or proven with a reasonable degree of certainty. Even in cases where all of these requirements are present a specific performance cannot be demanded-as a matter of right, but rests in the sound discretion of the court, to be determined from all the" facts and circumstances of the particular case. If the contract is unreasonable or unjust, or for any other good reason should not be enforced, a decree will not be granted, and such refusal will not be…
2Cases cited1 opinion
- Clipson v. VillarsIllinois Supreme Court · 1894
3Cited by10 opinions
- Chicago Title & Trust Co. v. SchwartzIllinois Supreme Court · 1930
- McKennan v. MickelberryIllinois Supreme Court · 1909
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Baltimore & Ohio Southwestern Railroad v. BrubakerIllinois Supreme Court · 1905
- Brach v. MattesonIllinois Supreme Court · 1921
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